The House of Representatives has given the ‘green light’ on a partial divorce in The Philippines.
House Bill 5907 has been approved on its third and final reading on Monday – the act recognising the capacity of the Filipino spouse to remarry when the foreigner spouse has obtained a foreign judicial decree of absolute divorce.
The act amends Article 13 of the Family Code of the Philippines by stating as follows:
“In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce obtained by the alien spouse duly authenticated by the Philippine consul in the country where the decree was obtained, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.”
Authors of the bill pointed out that: “The proposed amendments provide that a judicial decree of absolute divorce obtained by the alien spouse duly authenticated by the Philippine consul where the decree was obtained may be presented as one of the documentary requirements for the issuance of a marriage license without need for a judicial decree.”
Under existing Family Code laws, a Filipino spouse could not remarry even if his or her foreigner spouse in another country has long divorced him or her.
Out of the 204 lawmakers present for the final reading, only one person opposed the measure and voted ‘no’ on the measure.
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